1.Easy
In English law, a promise made in a deed is enforceable even without:
- AConsideration
- BDelivery of the deed
- CWriting
- DA signature
2.Easy
According to Derry v Peek, a misrepresentation is fraudulent if the maker:
- AMade it carelessly and without checking the facts, though honestly believing it
- BMade a profit from the contract that followed
- CMade it in a written document
- DKnew it was false, did not believe it, or was reckless whether it was true
3.Easy
A shop displays a jacket with a price tag in its window. In English law this is usually:
- AAn acceptance
- BAn invitation to treat
- CA unilateral contract
- DA binding offer to sell at that price
4.Medium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- AThe price less the cost of putting the defects right
- BNothing, because performance was not exact
- COnly payment for the materials used
- DThe full price with no deduction
5.Medium
Frustration of contract occurs when:
- AOne party regrets the bargain
- BAn unforeseen event makes performance impossible or radically different
- CPerformance becomes more expensive or more difficult than either party expected
- DThe contract was badly drafted
6.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- AOnly if signed by a company director
- BOnly if it satisfies the requirement of reasonableness
- CAlways, because businesses can bargain freely
- DNever, in any circumstances
7.Hard
A van is bought "on hire-purchase terms" with no further detail, and such terms varied widely in practice. In Scammell v Ouston, the House of Lords held:
- AThere was a contract on the standard hire-purchase terms of the market
- BThe seller's usual terms applied
- CThere was a contract at a reasonable price
- DThere was no contract, because the terms were too vague
8.Hard
A posts an offer. A week later A posts a revocation. B receives the offer and immediately accepts by telegram, and only later receives the revocation. Applying Byrne v Van Tienhoven:
- AA contract was made when B accepted, because the revocation had not yet arrived
- BA contract was made only when B received the revocation
- CThere was no contract, because the revocation was posted before B's acceptance was sent
- DThere was no contract, because offers by post can be revoked at any time
Answer key
- 1. A · Consideration
- 2. D · Knew it was false, did not believe it, or was reckless whether it was true
- 3. B · An invitation to treat
- 4. A · The price less the cost of putting the defects right
- 5. B · An unforeseen event makes performance impossible or radically different
- 6. B · Only if it satisfies the requirement of reasonableness
- 7. D · There was no contract, because the terms were too vague
- 8. A · A contract was made when B accepted, because the revocation had not yet arrived
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